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Report No. 198

Chapter III

Protection of Witnesses and Victims at The Trial

12. Recording of statements of threatened witnesses at the trial by close-circuit television.-

(1) When in respect of a threatened witness, an order for identity protection has been passed under subsection (1) of section 10, his statement in the Court during trial shall be recorded as per the procedure indicated in Schedule I, by using two-way closed circuit television or video link in such a manner that the accused and his pleader shall not be able to see the face or body of the witness.

Provided that the accused and his pleader shall, subject to the provisions of subsection (2), be entitled to hear the voice of the witness during recording of the statement.

(2) The Presiding Judge may, on his own or on an application made by the prosecution or the threatened witness, if he is so satisfied, direct that while recording the statement referred to in subsection (1), the voice of the witness shall be distorted, and in that event, the accused or his pleader shall be entitled to hear the distorted voice:

Provided that the undistorted voice-recording shall be kept in a sealed cover and the Presiding Judge shall have the exclusive right to access the undistorted voice.

(3) When the statement is recorded as mentioned in subsection (1), the public generally, including the media personnel, shall not have access to, or be or remain, in the room or other places used by the court for the purpose of recording of the statement.

(4) Where the statement of the threatened witness is recorded as mentioned above in subsections (1) and (2), it shall not be lawful for any person to print or publish in any manner whatsoever, the identity of the threatened witness whose statement is so recorded.

Witness Identity Protection and Witness Protection Programmes Back

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